Cooper v Cooper [2001] JRC 222 (05 November 2001)
- Citation
- [2001] JRC 222
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Contempt Proceedings / Final Judgment
More details
- Posture
- Contempt Proceedings / Final Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Mr. Cooper's deliberate breach of the court's injunctions by entering the Plaintiff's premises at night constitutes serious contempt, warranting imprisonment.
Court disposition
Mr. Cooper sentenced to three months' imprisonment for contempt of court.
Orders
- Three months' imprisonment for Mr. Cooper.
- Power of arrest re-imposed for six months from today.
02
Material facts
Parties
Plaintiff
PlaintiffMr. Cooper
DefendantAmounts and remedies
- Imprisonment Duration: 3
- Power of Arrest Duration: 6
03
Procedural history
Posture
Contempt Proceedings / Final Judgment
04
Questions and positions
Legal issues
- 01
Whether Mr. Cooper breached the court's injunctions by entering the Plaintiff's premises at night.
- 02
Whether Mr. Cooper's actions constitute contempt of court.
Party arguments
- Applicant
- Mr. Cooper breached the injunctions by entering the Plaintiff's premises at night, contrary to the court's order.
- Respondent
- Mr. Cooper explained grievances to the court but did not deny the breach.
05
Court’s reasoning
Legal principles
- 01
common law
Breach of court injunction constitutes contempt of court.
06
Ratio, limits and disposition
Ratio decidendi
Mr. Cooper's deliberate breach of the court's injunctions by entering the Plaintiff's premises at night constitutes serious contempt, warranting imprisonment.
Obiter and limits
- The court welfare officer will advise Mr. Cooper and assist with his grievances while in prison.
Court disposition
Mr. Cooper sentenced to three months' imprisonment for contempt of court.
- Three months' imprisonment for Mr. Cooper.
- Power of arrest re-imposed for six months from today.
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
judgment the bailiff: 1. We are satisfied beyond reasonable doubt that there has been a breach of the injunctions imposed by the Court when Mr. Cooper went on two occasions, which have been specified in the ninth Representation, to the premises of the Plaintiff in the middle of the night, contrary to the order of the Court.
2. Mr. Cooper, this was a serious contempt of the Court's order and you must understand that the Court will not tolerate this behaviour. We are going to send you to prison, but we are going to ask the Court welfare officer to see what can be done to advise you while you are in prison and to help you with the different grievances which you have explained in to the Court this morning. In the meantime, we are going to punish you for your disobedience of the Court order and you are sentenced to three months' imprisonment. We re-impose the power of arrest for six months with effect from today. No Authorities Page Last Updated: 11 Apr 2017 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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